Therefore it necessarily follows that to read RCW In other words, it would be for example to read this statute as if it contained language similar to that of W. Repeated for ease of reference, this proviso requires that the regulations enacted by a county, city or town with respect to short subdivisions: ". Page 4]] to comply with those conditions for final plat approval, otherwise applicable to subdivisions of five or more lots.
The application of this proviso to resubdivisions within a five year period of the first partition suggest a legislative concern with the activities of those who would seek to circumvent the requirements of final plat approval through a process of subdivision into a lesser number of parcels followed by successive subdivisions.
Thus, a construction of RCW They must be filed with the county auditor and are not deemed "approved" until such filing. There is no limitation on the vesting of an approved short plat as there exists with respect to approved final plats.
The following codes exemplify how a range of jurisdictions in Washington State have implemented state subdivision law. Does the removal of the interior lot line between two lots constitute a plat alteration or a boundary line adjustment? Can counties allow final plats to be submitted in phases, with some of them submitted at a date beyond the five, seven, or ten-year Master Planned Resorts "Washington Style".
Site Plans and Binding Site Plans. Home Explore Topics Legal Subdivisions. Share this:. On this Page [hide] On this Page [show]. Overview The subdivision of land into lots is governed in Washington State by chapter Subdivisions are defined in RCW Counties planning under the Growth Management Act may do the same with respect to unincorporated land within an urban growth area.
Plats and short plats are defined in RCW Exemptions Certain land divisions are exempt from state subdivision laws. These exempt divisions include: Burial plots Divisions into lots above a certain size Divisions "made by testamentary provisions, or the laws of descent" Boundary line adjustments no additional lots created Divisions for industrial or commercial use when a binding site plan is approved Divisions for leasing lots for mobile homes when a binding site plan is approved Divisions where a portion of the property is developed as a condominium and certain other requirements, including a binding site plan, are met RCW Subdivision Process Overview Subdivisions, other than short subdivisions , must be regulated by cities and counties according to the procedures in chapter Approval of plat or short plat — Written finding of conformity with applicable land use controls.
Injunctive action to restrain subdivision, sale, transfer of land where final plat not filed. Agreements to transfer land conditioned on final plat approval — Authorized. Building, septic tank or other development permits not to be issued for land divided in violation of chapter or regulations — Exceptions — Damages — Rescission by purchaser.
Vacation of subdivision — Procedure. Alteration of subdivision — Procedure. Alteration or vacation of subdivision — Conduct of hearing. Alteration of subdivision — Easements by dedication. Violation of court order or injunction — Penalty.
Easement over public open space — May be exempt from RCW Assurance of discontinuance of violations. Preliminary plats must be approved, disapproved, or returned to the applicant for modification within 90 days of the filing of the preliminary plat application, unless the applicant consents to an extension. The general rule is that the applicant has five years after preliminary plat approval in which to submit the plat for final approval.
Also, a city or county may adopt procedures by ordinance for extensions of these time periods. The final plat approval is in the nature of a ministerial, non-discretionary process; that is, if the applicant meets the terms of preliminary approval and the plan conforms with state law and local ordinances, final approval must be granted RCW There is no public hearing for a final plat approval.
Below are ordinances from various Washington jurisdictions amending their municipal code to allow an administrative body or personnel to approve final subdivision plats. Final plats must be approved, disapproved, or returned to the applicant for modification within 30 days of filing, unless the applicant consents to an extension.
Lots in a subdivision cannot be sold until final plat approval is obtained and the plat is recorded with the county auditor. If the county assessor has adopted an "assessor's plat" for the county, before filing with the county auditor, approved final plats must be submitted to the county assessor for "the sole purpose of assignment of parcel, tract, block and or lot numbers.
The lots in an approved final plat are "a valid land use notwithstanding any change in zoning laws" for a period of five years from final plat approval. Also, approved final plats are vested with respect to the conditions of plat approval and with respect to applicable laws for these same time periods, except when "a change in conditions creates a serious threat to the public health or safety in the subdivision.
Note that these vesting limitations in RCW See Noble Manor v. Pierce County , Wn. No process is set out in state law for approval of short plats.
Cities and counties are required by RCW Because it must be an administrative process, there is no public hearing for a short plat application, and the legislative body is not involved in the process.
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